RESTRICTINU 


CHINESE  IMMIGRAT 


TO  THE 


HAWAIIAN  ISLANDS 


PUBLISHED  BY  THE 


HONOLULU.  H.  1..  AUGUST,  1898 


HONOLULtT 


PRINTED  BV  B.  GRIEVE,  STEAM  BOOK  AND  -JOB  PRINT, 
"‘la  anil  27  Merchant  Street  (Up  Stairs). 

1893. 


!■ 

>■, 


THE  LAWS  AM)  REGULATIONS 


— RESTRICTING  — 

CHINESE  niHlCRATION 

— TO  THE  — 

HAA\'AIIAN  ISLANDS. 


PUBLISHED  BY  THE 

GHINRSR  BURRAU 


—OF  THE— 


l)ErART.IIENT  OF 


FOREIGN 


HONOLULU,  H.  I.,  AUGUST,  1893. 


HOXOLULU ; 

PKIN'TED  BY  K.  GRIEVE,  STEAM  BOOK  AND  .JOB  PRINT, 
25  and  27  Merchant  Street  (Up  Stairs). 

1893. 


Digitized  by  the  Internet  Archive 
in  2016 


https://archive.org/details/lawsregulationsrOOhawa 


THE  LAWS  AM)  REGULATIONS 


— RESTRICTING  — 


CHINESE 


IM  MIC  RATI  ON 


— TO  THE  — 


HANX^ATIAX  ISLANDS. 


CHAPTER  LXXX. 

AN  ACT 

Restricting  Chinese  Immigration. 

lie  it  Enacted  hy  the  Queen  and  the  Legislature  of  the  Hawaiian 
Kingdom  : 

Section  1.  No  Chinese,  except  Avomeii  who  have  relatives 
by  marriage  or  blood  residing  in  this  Kingdom,  children  un- 
der ten  years  of  age  who  have  parents  or  guardians  residing 
in  this  Kingdom,  clergymen,  teachers  and  merchants  hereto- 
fore residing  and  doing  business  in  this  Kingdom,  except  as 
hereinafter  provided,  shall  be  allow'ed  to  enter  this  Kingdom 
unless  upon  condition  that  while  here  he  will  engage  in  no 


4 


trading  or  mecliaiiical  occupation  other  than  domestic  service 
or  agricultural  labor  iu  the  field  or  in  sugar  or  rice  mills,  and 
that  he  will,  whenever  he  shall  cease  to  follow  his  vocation  as 
agricultural  laborer  in  the  field  or  in  sugar  or  rice  mills,  or 
as  domestic  servant,  leave  this  Kingdom ; and  that  for  every 
breach  of  si:ch  condition  he  shall,  upon  conviction  by  any 
Police  or  District  Justice,  be  liable  to  a fine  of  one  hundred 
dollars. 

Section  2.  Conditional  permits  to  enter  this  Kingdom  may 
be  granted  by  the  Minister  of  Foreign  Afifairs  for  such  Chi- 
nese, not  exceeding  five  thousand  iu  number,  as  shall  be  re- 
commended b}"  the  Board  of  Immigration,  upon  the  applica- 
tion of  employers  of  domestic,  agricultural  or  mill  labor, 
which  said  permits  shall  contain  the  condition,  printed  in 
both  the  English  language  and  iu  Chinese  characters,  that 
the  bearer  is  allowed  to  enter  this  Kingdom  solely  on  condi- 
tion that  while  here  he  will  engage  in  no  trading  or  mechani- 
cal occupation  other  than  domestic  service  or  agricultural  la- 
bor in  the  field  or  in  rice  or  sugar  mills,  and  that  he  will,  when- 
ever he  shall  cease  to  follow  his  vocation  as  agricultural  labor- 
er in  the  field  or  in  sugar  or  rice  mills,  or  as  domestic  servant, 
leave  this  Kingdom ; and  that  for  every  breach  of  such  condi- 
tion he  shall,  on  conviction  by  any  Police  or  District  Justice,  be 
liable  to  a fine  of  one  hundred  dollars.  Permits  to  enter  this 
Kingdom  may  also  be  granted  by  the  Minister  of  Foreign  Af- 
fairs for  any  Chinese  resident  iu  this  Kingdom  at  the  date  of 
the  passage  of  this  Act,  provided  that  such  person  shall  have 
resided  within  the  Kingdom  for  two  years  immediately  pre- 
ceding such  passage  ; and,  also,  to  such  other  persons  as  may 
wish  to  sojourn  temporarily  iu  the  Kingdom  as  travelers,  or 
as  merchants  having  business  interests  iu  this  Kingdom  ; pro- 
vided that  such  sojourn  shall  not  exceed  six  mouths;  and,  pro- 


0 


vulecl,  that  such  person  so  permitted  to  enter  shall  give  a bond 
to  said  Minister  in  the  sum  of  live  hundred  dollars,  liquidated 
damages,  conditioned  that  he  will  leave  the  Kingdom  within 
six  months,  and  if  he  shall  be  found  within  the  Kingdom  after 
the  expiration  of  six  months,  he  shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall  upon  conviction  be  imprisoned  at  hard 
labor  for  a term  not  to  exceed  six  months.  For  each  permit 
granted  under  this  Section  the  Minister  of  Foreign  Affairs 
shall  be  paid  a fee  of  five  dollars. 

Section  3.  The  master  of  any  vessel  in  which  any  Chinese 
for  whom  such  permit  shall  not  have  been  granted,  other 
than  clergymen,  teachers  or  merchants  formerly  residing  and 
doing  business  in  this  Kingdom,  shall  be  brought  into  this 
Kingdom  and  landed  here,  shall  be  liable  to  a fine  of  one  hun- 
dred dollars  for  every  Chinese  so  illegally  brought  into  this 
Kingdom,  upon  conviction  thereof  by  any  Police  or  District 
Justice,  and  such  fine  shall  be  a lien  upon  the  vessel  in  which 
such  Chinese  shall  have  been  brought  into  this  Kingdom,  and 
shall  be  enforced  by  proceeding  in  admiralty. 

Section  4.  Such  permits  shall  be  printed  in  duplicate,  the 
duplicate  being  in  such  case  preserved  in  the  Foreign  Office 
as  a stub  in  the  book  from  which  the  original  is  taken ; when 
the  original  shall  be  presented  by  any  aiiplicant  for  admission 
to  the  Kingdom,  it  shall  be  stamped  across  the  face  by  the 
Customs  officers,  in  red  ink,  with  the  word  “cancelled,”  and 
also  with  the  equivalent  of  said  word  in  Chinese  characters, 
and  with  the  date  of  such  cancellation.  All  such  cancelled 
permits  shall  be  returned  to  the  Foreign  Office  by  the  Col-' 
lector-General  of  Cu.stoms,  where,  after  being  compared 
with  their  respective  duplicates,  they  shall  be  filed  and  pre- 
served. 


6 


Section  5.  The  Minister  of  Foreign  Affairs  shall  make 
snitahle  regulations  whereby  Chinese  clergymen,  colporteurs, 
and  merchants,  formerly  residing  and  doing  business  in  this 
Kingdom,  shall  be  identified  and  vouched  for  as  such  before 
being  allowed  to  land  in  this  Kingdom,  and  no  Chinese  claim- 
ing to  be  such  shall  be  allowed  to  laud  until  he  shall  have 
received  a certificate  from  the  Minister  of  Foreign  Affairs  cer- 
tifying that  such  Chinese  is  allowed  to  enter  this  Kingdom 
as  a returned  clergyman,  colporteur  or  merchant,  as  the  case 
may  be.  Such  certificate  shall,  when  presented  by  the  holder 
thereof  seeking  to  enter  the  Kingdom,  be  stamped  in  red  ink 
in  like  manner  with  the  aforesaid  permits  and  returned  to 
such  holder,  and  the  counterparts  shall  be  preserved  in  the 
Foreign  Office. 

Section  6.  A fee  of  one  dollar  shall  be  paid  at  the  Foreign 
Office  for  each  and  every  permit  issued  under  Section  2,  and 
a fee  of  five  dollars  for  each  certificate  issued  under  Section  o 
of  this  Act. 

Section  7.  Every  employer,  upon  engaging  the  services  of 
any  such  Chinese  upon  arrival  in  this  Kingdom,  shall  register 
in  the  Foreign  Office  the  name  and  intended  place  of  occupa- 
tion of  every  Chinese  thereby  allowed  to  enter  this  Kingdom, 
and,  in  case  of  any  change  in  the  employment  of  any  such 
Chinese,  each  successiA’e  employer  shall  cause  such  change  to 
be  registered  in  the  Foreign  Office. 

Section  8.  A charge  of  twenty-five  cents  shall  be  made  for 
every  name  so  registered,  and  eveiy  employer  failing  to  cause 
such  registry  to  be  made  shall  be  liable  to  a fine  of  not  ex- 
ceeding fifty  dollars  for  every  such  failure,  on  conviction 
thereof  by  any  Police  or  District  Magistrate. 

Section  9.  This  Act  shall  not  apply  to  Diplomatic  or  other 


officers  of  the  Chinese  or  other  Governments,  traveling  upon 
the  business  of  that  Government,  whose  credentials  shall  be 
taken  as  an  etpiivalent  to  the  permit  in  this  Act  mentioned, 
and  shall  exempt  them  and  their  bod}’  and  household  servants 
from  the  provisions  of  this  Act  as  to  other  Chinese. 

The  Collector-General,  or  any  Collector  of  Customs,  shall 
have  the  authority  to  detain  any  person  detected  in,  or  rea- 
sonably suspected  of,  a violation  of  any  of  the  provisions  of 
this  Act,  and  to  hold  him  until  a warrant  of  arrest  can  be 
obtained. 

Section  10.  All  moneys  received  by  the  Minister  of  For- 
eign Affairs  under  this  Act  shall,  from  time  to  time,  after  audit 
and  payment  of  the  necessary  expenses  for  carrying  out  its 
provisions,  be  paid  into  the  Treasury,  to  the  credit  of  the 
“Chinese  Immigration  Fund.” 

Section  11.  The  following  Acts  are  hereby  repealed  : 

Chapter  XXVIII.,  Acts  of  1387  ; Chapters  XVI.  and  LX-  of 
the  Acts  of  1888 ; Chapters  XLYII.  and  LXYII.  of  the  Acts 
of  18{)0 ; provided,  that  such  return  permits  which  have  been 
heretofore  issued  under  the  laws  herein  repealed  shall  be  held 
valid  in  accordance  with  the  provisions  of  said  laws  and  regu- 
lations heretofore  made  thereunder. 

Section  12.  This  Act  shall  take  effect  from  the  date  of  its 
approval. 

I hereby  certify  that  the  foregoing  Act  having  passed  its 
third  reading  in  the  Legislature  of  the  Hawaiian  Kingdom  on 
the  30th  day  of  Xovember,  A.  D.  1892,  on  the  17th  day  of 
December,  A.  D.  1892,  was  presented  to  Her  Majesty  the 
Queen,  through  the  Cabinet,  and  was  not  returned  to  the 
Legislature  within  ten  days  (Sundays  exceptedj  thereafter, 


s 


and  that  the  Legislature  had  not  adjourned  prior  to  the  ex- 
piration of  said  period  of  ten  days. 

Dated  Honolulu,  December  29th,  A.  D.  1892. 

JOHN  S.  AYALKEK, 

President  of  the  Legislature. 

Attest  : 

C.  J.  McC.vethy,  Clerk. 


CHAPTEE  XCL 

AX  ACT 

To  Add  a new*  Section,  to  be  called  Section  10a,  to  an  Act 

ENTITLED  “An  AcT  KeSTMCTING  CHINESE  IMMIGRATION,”  PASSED 

THE  30th  day  of  Xoyember,  a.  D.  1892. 

Be  it  Enacted  by  the  Queen  and  the  Legislature  of  the  Haicaiian 
Kingdom  : 

Section  1.  A ueM'  Section,  to  be  called  Section  10a,  is 
hereby  added  to  the  Act  entitled  “An  Act  restricting  Chinese 
Immigration,”  passed  the  30th  day  of  Xovember,  A.  D.  1892, 
■which  shall  read  as  follo-«-s  : 

“Section  10a.  The  Minister  of  Foreign  Affairs,  by  and 
■with  the  consent  of  a majority  of  the  Cabinet,  is  hereby  au- 
thorized and  empowered  to  make  and  publish  all  such  rules 
and  regulations,  and  the  same  to  alter,  amend  or  nullify,  from 
time  to  time,  as  may  be  found  necessary  or  proper  to  carry 
out  the  aim,  intent,  object  and  provisions  contemijlated  by 
said  Act,  and  such  rules  or  regulations  and  all  amendments 


9 


or  alterations  thereto  shall  after  publication  in  one  or  more 
newspapers  printed  and  published  in  Honolulu  have  the  force 
and  effect  of  a statute  law  of  the  Kingdom.” 

Section  2.  This  Act  shall  take  effect  from  and  after  the 
date  of  its  passage. 

Approved  this  11th  day  of  January,  A.  D.  1893. 

LILIUOKALANI  R. 

By  the  Queen, 

G.  N.  Wilcox, 

Minister  of  the  Interior. 


CHAPTER  CIV. 

AN  ACT 

To  Add  new  Section,  to  be  called  Section  10b,  to  an  Act 
ENTITLED  “An  AcT  RESTRICTING  CHINESE  IMMIGRATION,”  PASSED 
THE  30th  day  of  November,  A.  D.  1892. 

Be  it  Enacted  by  the  Queen  and  the  Legislature  of  the  Haicaiian 
Kingdom : 

Section  1.  A new  Section,  to  be  called  Section  10b,  is 
hereby  added  to  the  Act  entitled  “ An  Act  restricting  Chinese 
Immigration,”  passed  the  30th  day  of  November,  A.  D.  1892, 
which  shall  read  as  follows  : 

“ Section  10b.  Any  Chinese  who  shall  enter  or  attempt  to 
enter  this  Kingdom  contrary  to  the  provisions  of  this  Act,  or 
without  the  permit  or  permits  hereinbefore  provided  for,  shall 


10 


upon  coiivictiou  before  auy  District  Magistrate  be  liable  to  a 
fine  of  uot  more  tliau  two  hundred  dollars  or  to  imprisonment 
at  hard  labor  for  a term  not  exceeding  six  months,  or  both,  in 
the  discretion  of  the  Court.” 

Section  2.  This  Act  shall  take  effect  from  and  after  the 
date  of  its  passage. 

A]iproved  this  12th  day  of  January,  A.  D.  1893. 

LILIUOKALAXI  R. 

By  the  Queen  : 

G.  N.  Wilcox, 

Munster  of  the  Interior. 


RULES  AND  REGULATIONS 


In  Connection  with  the  Acts  Eestricting  Chinese  Immigra- 
tion, PASSED  AT  THE  SESSION  OF  THE  LEGISLATURE 

OF  1892-1898. 

Pursuant  to  the  power  and  authority  vested  in  the  Minis- 
ter of  Forei<>;n  Atfairs  by  an  Act  of  the  Legislature,  passed  on 
the  11th  day  of  January,  1893,  and  by  and  with  the  consent 
of  a majority  of  the  Executive  Council  of  the  Provisional 
(xoverninent  of  the  Hawaiian  Islands,  I do  hereby  make  and 
publish  the  following  Rules  and  Regulations,  to  be  in  force  in 
conjunction  with  an  Act  “ Restricting  Chinese  Immigration,” 
and  the  amendments  thereto,  passed  by  the  said  Legislature, 
until  the  same  mav  be  altered,  amended  or  annulled  : 

Section  1.  There  shall  be,  and  hereby  is,  estalilished  a 
Chinese  Rureau  in  the  Foreign  Office,  which  will  be  open  for 
the  transaction  of  all  business  relating  to  Chinese  Immigra- 
tion, fro)n  10  A.  Jf.  to  12  d/.,  and  from  2 P.  d/.  to  4 P.  d/.,  on 
all  week  days,  excejd  Sunday,  when  it  will  he  open  only  from  9 
A.  ilf.  to  12  d/.  No  business  will  lie  transacted  on  official 
holidays,  or  other  days,  Avhen  the  GoA'ernment  Building  shall 
be  closed. 

Section  2.  No  applications  for  Chinese  Permits,  or  certi- 
ficates of  any  kind  whatsoever,  will  be  entertained  for  vessels 
leaving  Honolulu  for  China  within  24  hours  from  the  adver- 
tised departure  of  such  vessel. 

Se;ction  2.  All  applications  for  return  permits  for  Chinese 
residing  in  the  Hawaiian  Islands,  to  be  granted  by  the  Chi- 
nese Bureau  of  the  Foreign  Office,  must  be  accom^ianied  by 
the  applicant’s  receipt  for  taxes  for  the  current  year,  his  jias- 


12 


seuger  ticket,  his  Custom  House  passport,  auil,  uuless  waived 
by  the  Bureau,  four  pliotographs  of  himself, — two  full  face 
and  two  profile.  No  application  will  be  considered  uuless 
completed  before  presentation. 

Section  4.  Permits  issued  to  Chinese  residents  to  go  to 
China  and  return  will  be  granted  only  for  a period  not  to  ex- 
ceed two  years  from  the  date  of  issue.  Provided,  that  the 
Minister  of  Foreign  Affairs,  in  his  discretion,  by  and  with  the 
consent  of  a majorit}'  of  the  Executive  Council,  may,  in  ex- 
ceptional cases,  extend  the  time  herein  stijmlated. 

Section  5.  All  applications  for  entry  permits  for  Chinese 
women  who  have  relatives  by  marriage  or  blood,  residing  in 
the  Hawaiian  Islands,  and  all  children,  male  and  female, 
under  10  years  of  age  who  have  parents  or  guardians  residing 
in  the  Hawaiian  Islands,  shall  before  presentation  to  the 
Chinese  Bureau  of  the  Foreign  Office  be  certified  to  before 
the  Chinese  Commercial  Agent,  or  the  Assistant  Chinese 
Commercial  Agent  in  the  event  of  the  absence  or  disability  of 
the  Commercial  Agent,  as  to  the  truth  of  the  statements  con- 
tained in  such  application. 

Section  6.  No  permits  will  be  issued  to  Chinese  who 
have  become  naturalized  Hawaiian  citizens,  or  who  have  been 
born  in  the  Hawaiian  Islands.  Upon  satisfactory  evidence 
being  produced  of  naturalization,  or  of  the  birth  of  children 
of  Chinese  parents  resident  in  the  Hawaiian  Islands,  upon 
application,  therefor,  a special  Foreign  Office  certificate  will 
be  issued  to  such  naturalized  Chinese  and  Hawaiian  born 
children  for  filing  in  the  office  of  the  Consul  General  at  Hong 
Kong  for  which  a fee  of  $1  will  be  charged  by  the  Chinese 
Bureau  and  a fee  of  $1  at  the  Hong  Kong  office  for  registra- 
tion. 


13 


Section  7.  All  permits  issued  bj  the  Foreign  Office  and 
the  Consul  General  at  Hong  Kong  are  personal  and  not 
transferable.  If  transferred  they  will  be  confiscated  and  the 
holder  prosecuted.  If  any  Chinese  shall,  with  intent  and 
purpose  to  gain  access  to  the  Hawaiian  Islands  tender  or 
present  or  cause  to  be  tendered  or  presented  to  any  officer  of 
Customs  or  any  other  official  of  the  Hawaiian  Government, 
any  ticket,  permit,  passport  or  other  document  other  than  a 
valid  permit  personal  to  himself  for  such  Chinese  to  enter 
the  Hawaiian  Islands,  the  fact  of  such  tender  or  presentation 
shall  be  deemed  conclusive  evidence  of  an  attempt  of  such 
Chinese  to  land  in  the  Hawaiian  Islands  without  a permit. 

Section  8.  All  permits  issued  under  the  said  Act  and  Keg- 
ulations,  and  all  photographs  in  connection  therewith,  shall 
be  surrendered  by  the  holder  on  entering  the  Hawaiian  Isl- 
ands to  the  Collector  General  of  Customs,  or  any  other  Col- 
lector of  Customs,  who  shall  prompt!}'  hand  them  to  the 
Chinese  Bureau  for  verification,  with  the  list  of  passengers 
on  the  arriving  vessel. 

Section  9.  All  applications  for  permits  for  merchants  or 
travelers,  having  business  interests  in  the  Hawaiian  Islands, 
to  sojourn  temporarily  in  the  Hawaiian  Islands  for  a period 
not  to  exceed  six  months,  must  be  accompanied  by  a good 
and  sufficient  bond  for  8500,  signed  by  one  or  more  sureties, 
resident  in  the  Hawaiian  Islands,  approved  by  the  Minister 
df  Foreign  Affairs,  and  executed  by  such  merchants  or  travel- 
ers. Immediately  upon  the  arrival  of  any  vessel,  having  on 
board  such  merchant  or  traveler,  the  said  surety  or  sureties 
shall  obtain  from  the  Foreign  Office  a permit  for  landing  the 
said  merchant  or  traveler,  and  shall,  immediately  upon  his 
landing,  take  him  to  the  Chinese  Bureau  to  execute  the  said 
bond.  The  said  surety  or  sureties  shall,  upon  the  departure 


14 


of  saiil  mercliaut  or  traveler,  file  within  seven  days  a declara- 
tion nnder  oath,  and  certified  to  by  the  Collector  General, 
that  such  merchant  or  traveler  has  left  the  Hawaiian  Islands. 
On  receipt  of  this  evidence,  the  bond  will  be  cancelled.  All 
permits  to  embark  for  the  Hawaiian  Islands,  granted  to  mer- 
chants and  travelers  Avhose  sureties  have  filed  bonds  on  their 
behalf,  shall  be  null  and  void,  unless  the  merchants  or  travel- 
ers shall  land  in  the  Hawaiian  Islands  before  the  expiration 
of  six  months  from  the  date  of  the  issuance  of  the  permits  by 
the  Bureau. 

Section  10.  All  bonds  must  have  impressed  upon  them 
the  Treasury  Stamp  of  $1.00  before  being  filed. 

Section  11.  A charge  of  5 cents,  or  50  cents  a dozen,  will 
be  made  for  all  printed  forms  issued  from  the  Foreign  Office. 

Section  12.  All  permits  issued  by  the  Foreign  Office  must 
be  visGl  before  the  Consul-General  at  Hongkong,  or  by  the 
Hawaiian  Consul  or  Yice-Consul  at  whatever  port  the  grantee 
may  land  at  or  depart  from,  he  paying  the  customary  charges 
for  such  vise. 


Section  13.  The  followiuo-  fees  will  he  charged: 

o O 


FOREIGN  OFFICE. 


HONGKONG  CONSULATE-GENERAL. 


Kotuni  Permits $-5  00 

Laborer's  Permits 1 00 

Registration 2o 

Clergymen,  Teachers  and  Col- 
porteurs   o 00 

Certificate,  naturalized  Chi- 
nese and  Hawaiian  born 

children 1 00 

Merchants  aiid  Travelers o 00 

.Stamp  on  Bonds I 00 

Minors  under  10  years 2 50 

Attixing  Stamp  on  application 
if  no  other  fee  is  provided  . . 25 


Vise $1  00 

Witnessing  Signature 1 00 


Registration 1 00 

Witnessing  Signature 1 00 


SANFOllD  B.  DOLE, 

Minister  of  Foreign  Affairs. 

A]iproved  in  Executive  Council  the  7th  day  of  Fehruary, 
1893. 


J.  A.  King, 

Minister  of  the  Interior. 

P.  C.  Jones, 

Minister  of  Finance. 

William  O.  Smith, 

Attorney  General. 


Chinese  Bureau,  1 

Department  of  Foreign  Affairs,  ■ 

Honolulu,  H.  I.,  Feh.  7th,  1893.  ) 


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